Land and Environment Court New South Wales Medium Neutral Citation: Edjasen Pty Ltd v Cumberland Council [2018] NSWLEC 1251 Hearing dates: Conciliation conference on 24 May 2018 Date of orders: 24 May 2018 Decision date: 24 May 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: See [4] below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Edjasen Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Solicitor: M Draybi, Centurion Lawyers (Applicant) J McCullan, Marsdens Law Group (Respondent) File Number(s): 2017/292680 Publication restriction: No Judgment 1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to "dispose of the proceedings in accordance with the decision". 2. The Court Act also required me to "set out in writing the terms of the decision" (s 34(3)(b)). The orders made to give effect to the agreement constitute that document. 3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties. 4. The final orders to give effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is granted leave to amend Development Application No. 2017/440/1 and to rely upon the following amended plans and documents: Plan Number and Description Drawn By Dated Site Analysis – Drawing No. 16156 / A03 – Revision D Baini Design 27/04/2018 Basement / Driveway Section – Drawing No. 16156 / A04 – Revision D Baini Design 27/04/2018 Ground Floor Plan (U1 – U6) – Drawing No. 16156 / A05 – Revision D Baini Design 27/04/2018 Ground Floor Plan (U6 – U16) – Drawing No. 16156 / A06 – Revision D Baini Design 27/04/2018 First Floor Plan (U1 – U5) – Drawing No. 16156 / A07 – Revision D Baini Design 27/04/2018 First Floor Plan (U6 – U16) – Drawing No. 16156 / A08A – Revision D Baini Design 27/04/2018 First Floor Plan (U13 – U16) – Drawing No. 16156 / A08B – Revision D Baini Design 27/04/2018 Roof Plan – Drawing No. 16156 / A09 – Revision D Baini Design 27/04/2018 West & East Elevations – Drawing No. 16156 / A10 – Revision D Baini Design 27/04/2018 Elevation (U1 – U5) – Drawing No. 16156 / A11 – Revision D Baini Design 27/04/2018 Elevation (U6 – U12) – Drawing No. 16156 / A12 – Revision D Baini Design 27/04/2018 Elevation (U14 – U16) – Drawing No. 16156 / A13 – Revision D Baini Design 27/04/2018 Section A-A / F-F / G-G – Drawing No. 16156 / A14 – Revision D Baini Design 27/04/2018 Sections B-B / C-C / D-D / E-E – Drawing No. 16156 / A15 – Revision D Baini Design 27/04/2018 Demolition Plan – Drawing No. 16156 / A16 – Revision D Baini Design 27/04/2018 Schedule of Materials and Finishes – Drawing No. 16156 / A20 – Revision D Baini Design 27/04/2018 Storm Water Concept Plan Basement Level Sheet 1 of 2 – Drawing No. 101 – Issue E Australian Consulting Engineers 12/04/2018 Storm Water Plan Basement Level Sheet 2 of 2 – Drawing No. 102 – Issue E Australian Consulting Engineers 12/04/2018 Storm Water Layout Plan Ground Level Sheet 1 of 3 – Drawing No. 103 – Issue E Australian Consulting Engineers 12/04/2018 Storm Water Layout Plan Ground Level Sheet 2 of 3 – Drawing No. 104 – Issue E Australian Consulting Engineers 12/04/2018 Storm Water Layout Plan Ground Level Sheet 3 of 3 – Drawing No. 105 – Issue E Australian Consulting Engineers 12/04/2018 OSD and WSUD Details Sheet – Drawing No. 106 – Issue E Australian Consulting Engineers 12/04/2018 Miscellaneous Details Sheet – Drawing No. 107 – Issue E Australian Consulting Engineers 12/04/2018 BASIX Certificate No. 769122M_02 AKV Pty Ltd 15 May 2018 1. The appeal is upheld. 2. Development Application No. 2017/440/1 (as amended) for the demolition of existing buildings and ancillary structures on-site, consolidation of three (3) residential lots into one (1) lot and construction of a multi-dwelling housing development comprising sixteen (16) units over basement parking providing for 24 vehicles (plus a communal car wash space), and one (1) at grade garage space on Lots 113, 114 and 93 in Deposited Plan 5296 (otherwise known as Nos. 78 to 80 Burnett Street and No. 21 Richardson Street in Merrylands) is approved subject to the conditions in Annexure "A". ………………………. Susan O'Neill Commissioner of the Court Annexure A (399 KB, pdf) Annexure B (4.26 MB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 28 May 2018